JOSEPH MARTINELLI & CO. v. L. GILLARDE CO.

Civil Action No. 5800.

73 F.Supp. 293 (1947)

JOSEPH MARTINELLI & CO., Inc., v. L. GILLARDE CO.

District Court, D. Massachusetts.

August 27, 1947.


Attorney(s) appearing for the Case

Emerson S. Searle and Silvio Martinelli, both of Springfield, Mass., for appellant.

Louis J. Deitz, of Springfield, Mass., for appellee.


HEALEY, District Judge.

The appellant, Joseph Martinelli & Company, Inc., brings this appeal in accordance with the Perishable Agricultural Commodities Act, 7 U.S.C.A. § 499a et seq., to set aside a reparation award order of the Secretary of Agriculture. The Act provides for a trial de novo which "shall proceed in all respects like other civil suits for damages, except that the findings of fact and order or orders of the Secretary shall be prima facie evidence...

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